In the wake of the The NZ Law Society speaking out on the worrying trend of the National led government to lightly bypass the rule of law, ECan in Exile is renewing its calls for stronger democratic safeguards.
The NZ Law Society has spoken out the worrying trend of the National led government lightly bypassing the rule of law, democratic processes and legal safeguards to pass laws that ECan in Exile says allows, cabinet ministers in effect to become dictators.
Law Society President Jonathan Temm said that the society had a legal duty to uphold the rule of law it and takes its role very seriously and will not hesitate to speak out if it is threatened.
ECan in Exile says that the Law Society speaking out is a wake up call to all New Zealanders that their rights and democratic voice is under active threat by a government that seesm to have little regard for either. ECan in Exile repeats its previous calls for safeguards against government abuse of powers by making the NZ Bill of Rights superior law, including the right to local authority elections in the Bill of Rights Act and by strengthening the role of the governor general to refuse assent to law that is inconsistent with the NZ Bill of Rights Act or its principles.
Law Society President Jonathan Temm said that the society, under its duty to uphold the rule of law, had made public comment on the Environment Canterbury (Temporary Commissioners and Improved Water Management) Act 2010 and also the Canterbury Earthquake Response and Recovery Act 2010.
“Both pieces of legislation were passed under urgency as a means of managing situations where direct government action was seen as essential. The Society in no way attempted to comment on the Government’s policies or intent. What concerned us was the impact on the rule of law from the way in which the legislation was structured,” he says.
“Potential interference with existing court proceedings and removal of the right of access to the courts, along with reliance on restraint from government and public officials in the exercise of very broad powers were identified as threats to the rule of law.”
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